HomeMy WebLinkAboutResolution - 2021-R0299 - Amendment No. 1 Contract 14966 with Garver, LLC 8.24.21Resolution No. 2021-R0299
Item No. 7.13
August 24, 2021
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
and on behalf of the City of Lubbock, Amendment No. 1 to Agreement Contract No. 14966
the North Water Treatment Plant Ground Storage Design, by and between the City of Lubb
and Garver, LLC, of Fort Worth, Texas, and related documents. Said Amendment is attac
hereto and incorporated in this resolution as if fully set forth herein and shall be included in
minutes of the City Council.
Passed by the City Council on August 24, 2021
DANIEL M. POPE, WYOR
AT EST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Jesica McEachern, Assistant City Manager
APPROVED AS TO FORM:
elli Leisure, Assistant City Attorney
ccdocs/RES.Amend # 1 to 14966 - North Water Treatment Plant ground Storage Design
August 9, 2021
Resolution No. 2021-R0299
AMENDMENT NO. 1
TO AGREEMENT BETWEEN THE CITY OF LUBBOCK
AND
GARVER, LLC
THIS IS THE FIRST AMENDMENT TO THE AGREEMENT 14966 dated and entered into the 24th day
of March, 2020 by and between the City of Lubbock ("City") and Garver, LLC ("Engineer").
The Consultant has entered into the Agreement with the City for performing professional services
associated with the North Water Treatment Plant Ground Storage Design (the "Activities"). City desires
Engineer, and Engineer agrees to perform additional services as the engineer of record for construction
phase services for the plant ground storage project, as set forth in Exhibit "A", attached to and
incorporated herein.
This Amendment No. 1 increases the original Agreement an additional amount not to exceed one hundred
ninety-four thousand three hundred forty-two and NO/100 dollars ($194,342.00) as set forth in Exhibit "B-
1" attached hereto and incorporated herein, and grants a term extension of five hundred fifteen (515) days
for the performance of services set forth herein.
All other portions of the original Agreement shall remain in place and are not altered by this amendment.
IN WITNESS HEREOF, the parties have executed this Amendment as of this24th day of
August , 2021.
CITY OF LU OCK /VfiL-
, LLC.
Daniel M. Pope, ayor SobA),
A TEST:
'Aa i I � d
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Nc� (c6GG,w,w�_
*ee
':n4m_,P. E., CFM, City Engineer
Page 1 of 2
P.E. Vice President
Jesica Mc rn, Assistant City Manager
APPROVED AS TO FORM:
A
PelliLeisure, Assistant City Attorney
Page 2 of 2
EXHIBIT A
Scope of Services
North Water Treatment Plant 8 Million Gallon Ground Storage Tank Improvements
Construction Phase Engineering Services
Generally, this scope of services includes construction support services for improvements associated
with the new ground storage tank (GST) at the North Water Treatment Plant (NWTP) for the City of
Lubbock (the City). Improvements will consist primarily of the design and construction of one new 8
MG GST, yard piping and connections to the existing WTP piping and distribution system.
8. Task 8.0 - Project Management
ENGINEER shall ensure efficient and effective use of ENGINEER's and City's time and resources.
ENGINEER shall manage change, communicate effectively, coordinate internally and externally as
needed, and proactively address issues with the City's Project Manager and others as necessary to make
progress on the work.
8.1. Proiect Management
This Task will consist of the following:
• Lead, manage and direct team activities.
• Ensure quality control is practiced in performance of the work.
• Communicate internally among team members.
• Task and allocate team resources.
8.2. Communication and Reporting
This Task will consist of the following:
Prepare invoices and submit monthly in the format requested by the City.
8.3. Deliverables
This task will consist of the following deliverables:
• Monthly invoices
9. Task 9.0 - Engineer of Record Services
During the construction phase of work, Engineer will accomplish the following:
9.1. Shop Drawina and Submittals
Engineer will evaluate and respond to construction material submittals and shop drawings. Corrections
or comments made by ENGINEER on the shop drawings during this review will not relieve Contractor
from compliance with requirements of the drawings and specifications. The check will only be for review
of general conformance with the design concept of the project and general compliance with the
information given in the contract documents. The Contractor will be responsible for confirming and
correlating all quantities and dimensions, selecting fabrication processes and techniques of
construction, coordinating his work with that of all other trades, and performing his work in a safe and
satisfactory manner. ENGINEER's review shall not constitute approval of safety precautions or
constitute approval of construction means, methods, techniques, sequences, procedures, or assembly
of various components. When certification of performance characteristics of materials, systems or
Exhibit A - Scope of Services 1 of 3 Engineer Project No. 19WO6300
Amendment No. 1 - Lubbock NWTP 8 MG GST Improvements
equipment is required by the Contract Documents, either directly or implied for a complete and workable
system, ENGINEER shall be entitled to rely upon such submittal or implied certification to establish that
the materials, systems, or equipment will meet the performance criteria required by the Contract
Documents. This task includes up to thirty (30) submittals In excess of 30 submittals will be extra work.
9.2. Request for Information
Engineer will issue instructions to the Contractor on behalf of City and issue necessary clarifications
(respond to RFIs) regarding the construction contract documents. This project includes up to five (5)
RFIs In excess of five (5) RFIs will be extra work.
9.3. Monthly Progress Payment Requests
Engineer will review the Contractor's progress payment requests based on the actual quantities of
contract items completed and accepted and will make a recommendation to the City regarding payment.
Garver will rely on City's on -site resident project representative's progress reports to determine
construction progress. Garver's recommendation for payment shall not be a representation that Garver
has made exhaustive or continuous inspections to (1) check the quality or exact quantities of the Work;
(2) to review billings from Subcontractors and material suppliers to substantiate the Contractor's right
to payment; or (3) to ascertain how the Contractor has used money previously paid to the Contractor.
9.4. Change Orders
When authorized by the City, Engineer will prepare change orders for changes in the work from that
originally provided for in the construction contract documents. This task assumes up to four change
orders. If redesign or substantial engineering or surveying is required in the preparation of these change
order documents, the City will pay Garver an additional fee to be agreed upon by the City and Garver.
9.5. Periodic Observation
Engineer will observe construction during key points of construction (eight one -day trips are allocated
for this effort in addition to task 9.3). Upon completion of the construction, submit a sealed Engineer's
completion notice to TCEQ that:
9.5.1.certifies that the completed work complies with TCEQ design criteria, the approved
plans and specifications, any approved variances, any approved substantial design
changes; and
9.5.2.TCEQ requires the City to disclose in a completion notice any deviation from the
approved plans and specifications that is incorporated into a project after construction
began or from an approved substantial design change.
9.6. Record Drawings
Engineer will prepare and furnish record drawings based on Contractor's "red-lines"/working drawings.
9.7. Final Punch List and Contract Close -Out
Engineer will participate on a one -day final project inspection, assist in preparing a punch list, review
final project closing documents, and submit recommendation for final payment.
Exhibit A - Scope of Services 2 of 3 Engineer Project No. 19W06300
Amendment No. 1 - Lubbock NWTP 8 MG GST Improvements
10, Extra Work
The following items are not included under this agreement but will be considered as extra work:
A. Submittal review in excess of 30 submittals.
B. Response to RFIs in excess of 5 RFIs.
C. Progress Payment Requests in excess of 17.
D. Work beyond 17 months.
E. Redesign for the City's convenience or due to changed conditions after previous alternate
direction and/or approval.
F. Design of Energy Efficiency Measures (EEM) recommended from a wire -to -water efficiency
study.
G. Improvements to existing pump facilities for pump efficiency investigation.
H. SCADA integration and programming.
I. Submittals or deliverables in addition to those listed herein.
J. Pavement Design beyond that furnished in the Geotechnical Report.
K. Design of any utility's relocation other than water and sewer.
L. Retaining walls or other significant structural design beyond that required for the GST structure.
M. Street lighting or other electrical design beyond that required for GST improvements.
N. Preparation of a Storm Water Pollution Prevention Plan (SWPPP).
O. Pre -qualification services for evaluating contractors to develop a pre -qualified list of eligible
contractors prior to bidding the project.
P. Preparation of and bidding more than one bid package, or extension of bidding period.
Q. Construction materials testing.
R. Additional protected species documentation and coordination with Texas Parks and Wildlife for
protected species beyond one letter to TPWD outlines in Task 5.2.
S. Environmental Handling and Documentation, including wetlands identification or mitigation
plans or other work related to environmentally or historically (culturally) significant items.
T. Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR.
U. Services after construction, such as warranty follow-up, operations support, etc.
V. Construction staking for survey.
W. Startup and commissioning.
X. Classroom training.
Y. Operations and Maintenance Manual updates.
Z. Funding assistance.
AA. Easement or property acquisition documents or property acquisition work necessary for the
project.
BB. Title report to identify easements.
Extra Work will be as directed by the City in writing for an addition fee as agreed upon by the City and
Engineer.
11. Schedule
Engineer shall begin work under this Agreement within ten (10) days of a Notice to Proceed and shall
complete the work in 515 calendar days from contractor's Notice to Proceed.
Exhibit A - Scope of Services 3 of 3 Engineer Project No. 19W06300
Amendment No. 1 - Lubbock NWTP 8 MG GST Improvements
Exhibit B-1
Fee Schedule
North Water Treatment Plant 8 Million Gallon Ground Storage Tank
Improvements
Construction Phase Engineering Services
For the work described under EXHIBIT A-1 - SCOPE OF SERVICES , the CITY will pay
ENGINEER on a monthly basis, based upon statements submitted by the ENGINEER to the
CITY indicating the estimated proportion of the lump sum work accomplished per task. The
Owner will pay ENGINEER for Service rendered at the agreed upon rates for each classification
of ENGINEER's personnel (may include contract staff classified at ENGINEER's discretion)
plus reimbursable expenses including but not limited to printing, courier service, reproduction,
and travel. For informational purposes, a breakdown of ENGINEER's estimated cost per Task is
included in this Exhibit B with current hourly rates for each employee classification. The agreed
upon rates will be increased annually with the first increase effective on or about July 1, 2022.
Expenses other than salary costs that are directly attributable to performance of our Services will
be billed as follows:
1. Direct cost-plus ten percent (10%) for subcontract/subconsultant fees, travel, long
distance and wireless communications, reproduction and presentation material
preparation, and mail/courier expenses.
2. The amount allowed by the federal government for mileage with an additional $0.05 for
survey trucks/vans.
The table below presents a summary of the agreed upon not to exceed fee amounts and fee type
for this contract.
Task
Work Description
Fee Amount
Fee Type
Task 8.0
Project Management
$16,613.00
Time and Expenses
Task 9.0
Engineer of Record Services
$177,729.00
Time and Expenses
Total
$194,342.00
ciarver shall provide Owner notice when Uarver is within ten percent (10%) of the not -to -exceed
amount. In which event, Owner may direct Garver to proceed with the Services up to the not -to -
exceed budgetary threshold before ceasing performance of the Services or increase the not -to -
exceed amount with notice to Garver. Underruns in any task may be used to offset overruns in
another task as long as the overall fee amount is not exceeded. In no event shall the not -to -exceed
amount be interpreted as a guarantee the Services can be performed for the not -to -exceed budgetary
threshold.
Exhibit B-1 - Fee Schedule 1 of 2 Engineer Project No. 19WO6300
Amendment No. 1 - Lubbock NWTP 8 MG GST Improvements
Agreed
Upon
Classification
Rates
Engineers / Architects
E-1...................................................................................
$
111.00
E-2...................................................................................
$
155.00
E-3...................................................................................
$
165.00
E-4...................................................................................
$
181.00
E-5...................................................................................
$ 240.00
E-6...................................................................................
$ 295.00
E-7............................................................................................
$
361.00
Planners / Environmental Specialist
P-1...................................................................................
$
133.00
P-2...................................................................................
$
167.00
P-3...................................................................................
$
198.00
P-4...................................................................................
$
232.00
P-5...................................................................................
$
268.00
P-6...................................................................................
$
306.00
P-7..........................................
$
370.00
Designers
D-1...................................................................................
$
103.00
D-2...................................................................................
$
121.00
D-3...................................................................................
$
144.00
D-4..........................................
$
167.00
Technicians
T-1...................................................................................
$
81.00
T-2...................................................................................
$
102.00
T-3............................................................
$
125.00
Construction Observation
C-1...................................................................................
$
98.00
C-2...................................................................................
$
125.00
C-3...................................................................................
$
153.00
C-4...................................................................................
$
188.00
Management/Administration
M-1
$
370.00
X-1...................................................................................
$
64.00
X-2...................................................................................
$
86.00
X-3...................................................................................
$
120.00
X-4...................................................................................
$
153.00
X-5...................................................................................
$
187.00
X-6...................................................................................
$
231.00
X-7...................................................................................
$
279.00
Exhibit 13-1 - - Fee Schedule 2 of 2 Engineer Project No. 19W06300
Amendment No. 1 -- Lubbock NWTP 8 MG GST Improvements
Exhibit B-1
Fee Schedule
North Water Treatment Plant 8 Million Gallon Ground Storage Tank
Improvements
Construction Phase Engineering Services
For the work described under EXHIBIT A-1 - SCOPE OF SERVICES , the CITY will pay
ENGINEER on a monthly basis, based upon statements submitted by the ENGINEER to the
CITY indicating the estimated proportion of the lump sum work accomplished per task. The
Owner will pay ENGINEER for Service rendered at the agreed upon rates for each classification
of ENGINEER's personnel (may include contract staff classified at ENGINEER's discretion)
plus reimbursable expenses including but not limited to printing, courier service, reproduction,
and travel. For informational purposes, a breakdown of ENGINEER's estimated cost per Task is
included in this Exhibit B with current hourly rates for each employee classification. The agreed
upon rates will be increased annually with the first increase effective on or about July 1, 2022.
Expenses other than salary costs that are directly attributable to performance of our Services will
be billed as follows:
1. Direct cost-plus ten percent (10%) for subcontract/subconsultant fees, travel, long
distance and wireless communications, reproduction and presentation material
preparation, and mail/courier expenses.
2. The amount allowed by the federal government for mileage with an additional $0.05 for
survey trucks/vans.
The table below presents a summary of the agreed upon not to exceed fee amounts and fee type
for this contract.
Task
Work Description
Fee Amount
Fee Type
Task 8.0
Project Management
$16,613.00
Time and Expenses
Task 9.0
Engineer of Record Services
$177,729.00
Time and Expenses
Total
$194,342.00
varver snail proviue owner notice wnen Uarver is within ten percent (10%) of the not -to -exceed
amount. In which event, Owner may direct Garver to proceed with the Services up to the not -to -
exceed budgetary threshold before ceasing performance of the Services or increase the not -to -
exceed amount with notice to Garver. Underruns in any task may be used to offset overruns in
another task as long as the overall fee amount is not exceeded. In no event shall the not -to -exceed
amount be interpreted as a guarantee the Services can be performed for the not -to -exceed budgetary
threshold.
Exhibit B-1 Fee Schedule 1 of 2 Engineer Project No. 19W06300
Amendment No. 1 -- Lubbock NWTP 8 MG GST Improvements
Agreed
Upon
Classification
Rates
Engineers / Architects
E-1...................................................................................
$
111.00
E-2...................................................................................
$
155.00
E-3...................................................................................
$
165.00
E-4...................................................................................
$
181.00
E-5...................................................................................
$ 240.00
E-6...................................................................................
$ 295.00
E-7.......................................
$
361.00
Planners / Environmental Specialist
P-1...................................................................................
$
133.00
P-2...................................................................................
$
167.00
P-3...................................................................................
$
198.00
P-4...................................................................................
$
232.00
P-5...................................................................................
$
268.00
P-6...................................................................................
$
306.00
P-7......................................................................
$
370.00
Designers
D-1...................................................................................
$
103.00
D-2...................................................................................
$
121.00
D-3...................................................................................
$
144.00
D-4...................................................................................
$
167.00
Technicians
T-1...................................................................................
$
81.00
T-2...................................................................................
$
102.00
T-3................................
$
125.00
Construction Observation
C-1...................................................................................
$
98.00
C-2...................................................................................
$
125.00
C-3...................................................................................
$
153.00
C-4..............................................
$
188.00
Management/Administration
M-1
$
370.00
X-1...................................................................................
$
64.00
X-2...................................................................................
$
86.00
X-3...................................................................................
$
120.00
X-4...................................................................................
$
153.00
X-5...................................................................................
$
187.00
X-6...................................................................................
$
231.00
X-7...................................................................................
$
279.00
Exhibit 13-1 Fee Schedule 2 of 2 Engineer Project No. 19W06300
Amendment No. 1 -- Lubbock NWTP 8 MG GST Improvements
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1 - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2021-793198
GARVER LLC
FORT WORTH, TX United States
Date Filed:
08/20/2021
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
08/27/2021
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
14966A
NORTH WATER TREATMENT PLANT GROUND STORAGE DESIGN - CONSTRUCTION PHASE SERVICES
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
MCILLWAIN, FRANK
FORT WORTH, TX United States
X
SOBER, JEFFREY
FORT WORTH, TX United States
X
SCHNIERS, BRENT
FORT WORTH, TX United States
X
HOLDER, JR, JERRY
FORT WORTH, TX United States
X
GRAVES, MICHAEL
FORT WORTH, TX United States
X
GRIFFIN, MICHAEL
FORT WORTH, TX United States
X
HOSKINS, BROCK
FORT WORTH, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc